Benefits

Question:

I am 76 yrs. old and rated 100% for prostate cancer, 60% cardio, 20% diabetic, and homebound rating. I was advised that I will have re-evaluation in 6 mos. and was initially diagnosed with favorable HIGH RISK CANCER (Gleason 8's with 60% chance of living 10 years). I finished radiation & hormonal treatment and now have 80% chance of living 10 years. I have significant (5 times a night) urination and 0% sexual functionality. I’m wondering if I should try to claim something for 5 times/night urination & sexual dysfunction now before my reevaluation review??

Jim's Reply:

Were I you I'd wait until after the C & P exam. The reasoning behind that is that you can establish those claims when you're being examined. Be sure to make brief but legible notes for you to use and to pass on to the examiner about all your symptoms. 
 

Once you've completed the exam, then you can make any additional claims you'd like to and there will be a more substantial record of your illnesses. Good luck sir.

Question:

Thank you Jim for taking my question. I just received 100% P&T. I’m not complaining, but I was diagnosed with vascular & migraine headaches, have unaddressed PTSD, ED with urinary frequency/incontinence, and experienced 4 broken ribs - all of which appear in my service medical records and we’re denied service connection. Should I pursue these disabilities for any higher disability compensation?

Jim's Reply:

To reach into the ratings greater than 100% a veteran must be eligible for SMC. You can read about SMC here. Good luck sir.

Question:

During a firefight in Vietnam I was knock out by a concussion received when an enemy incoming mortar round exploded next to our mortar pit. Shorty after I woke, I had a tremendous headache and everything seem to be in a slow pace. All I wanted was to go to sleep. I was not treated by a medic until the following day. My ear was cleared out of blood and cleaned. That’s was it as I completed my tour. As a civilian the repercussions was loss of hearing in my left ear and unable to walk for 3 1/2 months. I am currently receiving disability for this medical condition. Is this validation for a Purple Heart? I’ve have been told it is, but I am embarrassed to apply since there are too many veterans in worse condition. Thank you.

Jim's Reply:

In broad terms a Purple Heart requires a wound. A “wound” is defined as an injury to any part of the body from an outside force. A physical lesion is not required; however, the wound for which the award is made must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.
 

Many medical conditions acquired during war aren't eligible for the Purple Heart...agent orange diseases and radiation illnesses for example, aren't eligible for the award.
 

If you believe you're eligible you must go through an application process via your branch of service. Good luck sir.

Question:

I am 60% TDIU and P&T does my spouse qualify for a ID card. If so, we were turned down for it at the Coast Guard Academy. They said I have to be 100% disabled. Just confused, thank you.

Jim's Reply:

Let's see if we can sort it out...
 

The TDIU rating is a 100% rating that can be either permanent or temporary. To be awarded TDIU usually requires that the veteran be at least 70% rated with one rating being at least 40% or to have a single rating of 60%. Although the single 60% rating is a bit unusual in my experience, I'll assume that you have a single 60% VA disability rating and that from that you were awarded TDIU as a permanent rating.
 

If all that is correct you and your spouse are eligible for ID cards that allow on-base privileges and more.

This can get crazy complex like so many things related to our benefits but in a nutshell you need to find a military base with an ID card office and take the papers you received from VA there with you. I'm not sure if the Coast Guard Academy has the appropriate facility to process the ID.
 

You'll run into this a lot with a TDIU rating. People look at the underlying rating (60% for you) and think you aren't 100% disabled. However, the TDIU rating is a 100% rating...you just have to jump through hoops to show it. You can print your own benefits letter over at your eBenefits account and leave out the 60% part and that will save you a lot of grief.
 

Your spouse is also eligible for CHAMPVA and you'll have the same challenges getting her set up there. Good luck sir.

Question:

Hello, I already receive VA compensation for my Parkinson's diagnosis in 2017, after serving at Camp Lejeune three times. This was for schooling two separate times, and also duty at the main base. A total of several months, all before 1981. Is it recorded in black and white at the VA that my disability compensation will not be affected if I join the others suing the Federal government. (both money already paid to me and future money)?

Jim's Reply:

"Is it recorded in black and white at the VA that my Disability compensation will not be affected"
 

No, it's quite the opposite. ​The bill contains the following language in  SEC. 804. FEDERAL CAUSE OF ACTION RELATING TO WATER AT CAMP LEJEUNE, NORTH CAROLINA.  “Any award made to an individual, or legal representative of an individual, under this section shall be offset by the amount of any disability award, payment, or benefit provided to the individual, or legal representative under any program under the laws administered by the Secretary of Veterans Affairs...”
 

It appears that veterans and family members (I'm one of those) who already receive compensation and health care through VA won't benefit as the act was designed to prevent "double dipping". Click that link above, grab a cup of coffee and read through that section for yourself. Good luck sir.

Question:

Hi Jim,

With this PACT bill being passed, I am now eligible for the burn pit registry. I am being treated by the VA for allergic rhinitis and I am 100% P&T since October of 2020. I have been TDIU P&T since November of 2016. I served overseas in 2003 and I was discharged January of 2004 from the NG.

I read that the condition must have occurred no more than 10 years after one is discharged to be able to file a claim. I started receiving treatment for allergic rhinitis in 2016. Since this is a presumptive issue would VA have to go back to the date I was discharged from active duty which was September of 2003 and back pay me up to a certain period of time? I really would like to know if I should file a claim since I served in a burn pit area and I suffer from the condition and I am on medication for the condition. Thanks.

Jim's Reply:

You're way ahead of the game at this point. The PACT was passed by Congress but now must be ratified by the VA. I can't predict how those regulations will look after VA marks them up so I don't know what effect filing a claim would have on your status.
 

However...if I had to guess you'd likely get a 10% or 20% rating and since you're already 100% that wouldn't have any effect on your rating. No...VA won't pay you back to the date of discharge since this law wasn't in effect at that time. I'd predict that filing for this condition won't change your financial status at all. Good luck sir.

Question:

Is VA disability pay counted when applying for low income housing?

Jim's Reply:

Almost every charitable or low income benefit is subjected to a means test. When your total income is calculated almost every organization will count every penny that comes into your pocket and that includes VA disability money.
 

Many veterans mistakenly believe that their VA disability money is exempt from means testing but that isn't true, VA disability money is tax exempt and that ends it. I'm confident that if you're applying for low income housing you'll have to reveal all your  VA income. 
 

A note of caution to others who may read this...hiding income isn't legal and when you're caught you can be made to pay it all back. As frustrating as it may be, recording the facts is always best. Good luck!

Question:

Is DIC only for 100% rating or would that include the TDIU (70% with total and permanent IU)?

Jim's Reply:

TDIU provides exactly the same benefits as a 100% schedular rating.
 

Once you're permanently rated as 100% disabled there is no difference between the 100% TDIU and the 100% schedular other than the TDIU vet isn't allowed gainful employment. 
 

DIC eligibility requires that the veteran pass from a rated service connected disability or be rated as permanently 100% disabled (either schedular or TDIU) for an uninterrupted 10 year period. 

Question:

Jim, I had 15 days at Camp Lejuene and I have stage 3 kidney disease, renal toxicity and I had my right kidney removed due to a large renal mass but no one will help. You don't have to drink and bathe with contaminated water for 30 days to be affected. Those chemicals could take much less time and the government knows this. I know there are more Marines besides myself in the same position. Thank You. 

Jim's Reply:

You'll need to get in touch with a veterans law attorney to explore your options.  I'm providing 3 links to organizations that may be able to help you. You'll have to invest the time it will take to get in touch with each of these agencies and make your case known.
 

If you don't invest the time, nothing will happen.
 

https://www.vetsprobono.org/      https://www.vetadvocates.org/cpages/home     https://www.nvlsp.org/
 

I feel for you, I was 5-6 years old when my USMC dad was transferred from Charleston, SC (he was a 'brig chaser' there) to Camp Lejeune. We lived in the Tawara Terrace neighborhood and I have fond childhood memories from our time there. My father went on to stay in for 20 and retired as an E-9, a gunny, at age 36. He passed years ago of KUB (Kidney, Ureter, Bladder) diseases we would now class as acquired at Camp Lejeune. My mom passed of similar KUB diseases many years prior to that and VA is currently working me up as a just in case sort of thing because of my history.
 

I served in the Army and carbon tetrachloride was a mainstay cleaning agent in my MOS...we were soaked in it some days.
 

I grew up in the USMC after being born at the Navy hospital in Charleston, SC. It was an era of polio, open burn pits, DDT and of course, atomic bombs. None of us paid much attention to environmental issues and our military bases were the worst offenders. For all the well trimmed foliage and clean streets of the usual military base, there are always dark secrets...ammo dumps come to mind.
 

Help is available but the hard fact is that you have to work for it. Good luck sir.

Question:

I have had an AAA Repair with 5 stents and I am applying for ISHD ischemic heart disease as a disability since I was stationed in Vietnam. It is a presumptive disability. I have been told that having a AAA and or TAAA isn't by itself enough to get the compensation for IHD, Ishemic heart disease. Is this true and why do they think the AAA or TAAA wasn't caused by CAD?

Jim's Reply:

I can't explain exactly why the expert panels of scientists who in years past examined the data and concluded that agent orange caused coronary artery disease (IHD-Ischemic Heart Disease) but not other vascular issues when the underlying mechanisms of cause are exactly the same...vascular disease is vascular disease whether in the heart, kidneys or carotid arteries. Nonetheless, they didn't ask me and what we have today is a regulation that makes no sense but it is what it is.
 

I'll assume that the stents you refer to were less invasive attempts to repair your aorta and femoral arteries and not stents in the vessels of your heart. In any case the AAA and/or the TAA won't be approved as presumptive to agent orange. 
 

To proceed with a claim that will be successful in rating your aneurysms as presumptive to your agent orange exposure you'll need an Independent Medical Opinion from a disability expert who has experience in agent orange claims. You may learn more about the IMO here. Good luck sir.